RELIANCE GENERAL INSURANCE CO LTD Vs. RAJESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 18.08.2012 whereby compensation of Rs.7,97,137 was awarded by the Motor Accident Claims Tribunal(the Claims Tribunal) in favour of Respondent no.1 for having suffered serious injuries resulting in amputation of his right arm elbow in an accident which occurred on 22.11.2009 at 11:00 p.m. while Respondent no.1 was returning after attending a marriage in Village Bagampur Khatola, Distt. Gurgaon.

(2.) THE Claims Tribunal computed the compensation as under: <FRM>JUDGEMENT_186_LAWS(DLH)1_2015.htm</FRM>

(3.) IMMEDIATELY after the accident, Respondent no.1 was removed to Artemis Medicate Services Pvt. Ltd., Gurgaon. On the next day i.e. 23.11.2009, he was then shifted to Safdarjung Hospital, New Delhi. Below amputation of right arm was carried out under general anesthesia on 01.12.2009. Respondent no.1 was discharged from the Hospital on 03.12.2009. He remained an outdoor patient in Safdarjung Hospital for about two months. A disability certificate Ex.PW1/1 was issued stating that Respondent no.1 has suffered permanent disability to the extent of 65% in respect of his upper right limb.